Missouri Right to Farm Amendment and Chicken Ordinances

[Sylviaanne]

I quoted the law (before it was an amendment) in my challenge to my city and ended up with a permit for 85 chickens and 5 roosters.

Just saw this:

 

[percula52]

I would really like to see this challenged in the city of Ballwin. All of my neighbors except one have agreed to allow me to raise chickens. I only wanted two hens. The one who is not cooperative has reported me to the city(I did try to keep two hens), he said the city did nothing because they were too lazy to enforce their own laws, then he proceeded to inform me that I had two days to get rid of my chickens or he would get a subpoena for me to appear before a judge with the county to explain myself in court. My neighbor is a St Louis County Police Officer who informed me that they are a health risk and against the law. I would love to see the city of Ballwin change its stance on Urban chickens. It does allow chickens on two acres or more, but there are only a half dozen residential plots(old farms) in the entire city that are actually that size. I live on a little more than a half acre with a privacy fence, I built a 10X12X7 completely closed coop with a foot of sand for substrate. There has never been any odor or any chickens escaping from my yard. I would be happy to pay a fee for a permit, I just wish my neighbor would mind his own business and stop policing me.

 

[bfc3811]

Challenge it! As I said before, its ultimately up to the courts. It sounds like you (or your lawyer) would have to make two arguments : (1) that you are a "farmer"; and (2) that it is not a health risk to keep chickens.

For #1, you ARE a farmer! Missouri law does not specify that you must produce food for market to be a farmer. Subsistence farming existed well before market or commodity farming and many people in the state of Missouri still subsistence farm. Urban farming and homesteading are becoming increasingly popular nationwide and in our state. The Missouri Constitution protects ALL farmers from unreasonable regulations, including urban and suburban subsistence farmers.

For #2, how can the City objectively prove that your two chickens are a "health risk"? 100's of municipalities allow chickens and it hasn't posed a substantial health risk in those communities. Further, other non-farm animals that are allowed in the city (cats, dogs, etc.) carry zoonotic diseases. These animals are conceivably a "health risk" as well, yet they are allowed. In those cases, the risk is mitigated by imposing laws like leash laws or limits on the number of cats and dogs one can possess - these animals aren't banned, they are managed. Under current law, the same cannot be said of chickens and cchickens can not legally be treated differently simply because they are chickens.

Discriminating against the keeping of farm animals is clearly an infringement of YOUR constitutional rights in Missouri. It's now the city's responsibility to revise their laws so that they do not discriminate against farmers. Imposing a limit on the number of birds one could keep would seem reasonable, but this number would be debatable. Again, local governments can no longer regulate the cultural practice of farming. They do have the power to regulate "health risks", but those regulations must be objective and based on science. Saying two small birds are a health risk is a joke. There is no evidence to substantiate that claim.

I firmly believe that it is your right to have those hens. Keep them. Go to court. Challenge it.

 

[jujub41482]

Typical cop mentality, they pick on whomever they can just to assert their authority. I think you're dealing with a real jerk that doesn't know anything about the new law or chickens. I would welcome a day in court just to shut him up. And if he still keeps bothering you about it, keep a journal or even make recordings of his threats or actions. You may need to take him to court one day if he continues to harass you or your chickens. I would put up a No Trespassing sign on your fences as well.

 

[mrballance]

I would really like to see this challenged in the city of Ballwin.  All of my neighbors except one have agreed to allow me to raise chickens.  I only wanted two hens.  The one who is not cooperative has reported me to the city(I did try to keep two hens), he said the city did nothing because they were too lazy to enforce their own laws, then he proceeded to inform me that I had two days to get rid of my chickens or he would get a subpoena for me to appear before a judge with the county to explain myself in court.  My neighbor is a St Louis County Police Officer who informed me that they are a health risk and against the law.  I would love to see the city of Ballwin change its stance on Urban chickens.  It does allow chickens on two acres or more, but there are only a half dozen residential plots(old farms) in the entire city that are actually that size.  I live on a little more than a half acre with a privacy fence, I built a 10X12X7 completely closed coop with a foot of sand for substrate.  There has never been any odor or any chickens escaping from my yard.  I would be happy to pay a fee for a permit, I just wish my neighbor would mind his own business and stop policing me.

Some people are just un happy no matter what you do

 

[Sylviaanne]

You're required to get a permit if the coop is within 100 ft of an occupied dwelling. Are you in an urban part of KC, or do you have some space? I'm in midtown and my coop gets moved all over the yard. There are 10 house within 100 ft. Under current law, I would need approval from all 10 households to be granted a permit. That's insane. No one asked me if it was ok if they got a huge barking dog or that cat that jumps on my car and digs in my garden. All I want is to keep a few small hens that stay in an enclosure most of the time. These laws are just crazy.

I'm in the county of Christian and would I be required to have a permit if my coop is within 100 ft of my house?

 

[AnimalFriendly]

The Right to Farm Amendment is concerning as it provides for no rights for animals. In Missouri, the Puppy Mill Cruelty Prevention Act was passed by Missouri voters, then overturned by legislators - supposedly in office to "represent the people". Instead we get the Right To Farm Amendment which is a thinly veiled attempt to keep abusing animals, and keep puppy mills in business. This is despicable. Torturing animals is never ok - never.

 

[mrballance]

People got payed off on this one. Voted NO by the people. Then turned over to be recounted.

 

[chickengeorgeto]

In the Missouri primary elections last week, Missourians voted on whether or not a "Right to Farm" Amendment should be added to the state's constitution (read the amendment here: http://www.sos.mo.gov/elections/2014ballot/HJRNos117.pdf). For better or worse, it passed. It occurred to me today that local chicken ordinances (and a host of other local restrictions relating to urban agriculture/homesteading) may now be deemed unconstitutional in the state. I found this awesome legal analysis of the amendment and its potential impacts: http://cosgrovelawllc.com/legal-ana...m-constitutional-amendment-1-hj-res-nos-11-7/

I'm curious, what do folks think? Could this impact the legality of chicken laws in Missouri cities? Any attorneys out there??

In my experience laws like the one you mentioned are only as good as the judges who interpret them and which of the judges' friends has the most to gain or lose. Meaning in one county Right to Farm may be better than sliced bead while in the next county an entirely different outcome may greet the same set of facts.

 

[TheEasyChicken]

St. Ann, MO resident was cited for her hens (that she got just so she could take them to court and use the amendment). and lost in court, but is appealing.